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Domestic Violence: Your Legal Options if You're Facing Domestic Violence in North Carolina

Domestic-Violence-in-North-Carolina

Leaving an abusive situation is never easy. Knowing your rights shouldn’t make it harder. In North Carolina, domestic violence affects thousands of people every year. If you’re facing threats, fear, or harm from someone close to you, there are legal tools designed to protect you. This article explains those options in plain language, so you can make the safest choice for you and your loved ones.

How Does NC Define Domestic Violence?

Domestic violence, as defined by NCGS § 50B-1, includes acts committed by someone with whom the victim has a personal relationship. It involves:

  • · Attempting to cause or intentionally causing bodily injury;
  • · Placing the victim in fear of imminent serious bodily injury;
  • · Continued harassment that inflicts substantial emotional distress;
  • · Or committing a sexual offense against a minor child residing with the victim.

A “personal relationship” is defined as a “dating relationship” for the purposes of this statute. Under 18 U.S.C. § 921(a)(37), a “dating relationship” means a relationship between individuals who have or have recently had a continuing serious relationship or a romantic or intimate nature. Factors considered are the length and nature of the relationship, and the frequency and type of interaction between the individuals. The specific categories are listed in the statute as current or former spouses, persons of opposite sex who live together or have lived together, have a child in common, or are current or former household members.

Is Domestic Violence a Crime?

In 2023, the North Carolina General Assembly enacted a law that made domestic violence a Class A1 misdemeanor. NCGS § 14-32.5 redefines domestic violence with the same language as § 50B-1 and adds the offense and punishment. For a Class A1 misdemeanor, an individual could face up to 150 days in jail as well as fines or restitution.

What Should I Do If I Am in a Domestic Violence Situation?

First, you should ensure your safety and if a child is in the home as well, make sure to ensure their safety. Any immediate danger should be reported to law enforcement via 9-1-1 call. Crisis hotline are also available 24/7. Next, you should seek legal support to help ensure your safety. Among the legal steps to take, a 50B Domestic Violence Protective Order lasts 1 year and is enforceable by arrest. A 50C no-contact order helps with situations involving stalking, harassment or other offenses that require contact with the victim. If you find yourself in the unfortunate situation where you need legal assistance, the attorneys at Jetton & Meredith are well equipped to help in any domestic violence situation.